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New York statute

N.Y. Penal Law § 260.05 — Non-support of a child in the second degree

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 260: Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons, New York Penal Law.

Criminal charges under this statute

Full text of N.Y. Penal Law § 260.05

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 260.05Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
260.05 Non-support of a child in the second degree. A person is guilty of non-support of a child when: 1. being a parent, guardian or other person legally charged with the care or custody of a child less than sixteen years old, he or she fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment; or 2. being a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court of competent jurisdiction for a child less than eighteen years old, he or she knowingly fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment. Non-support of a child in the second degree is a class A misdemeanor.

Official sources

Legal terms used in this section

Questions this section answers

What class of misdemeanor is non-support of a child in the second degree in New York?

Non-support of a child in the second degree is a Class A Misdemeanor in New York under N.Y. Penal Law § 260.05.

Which New York statute covers non-support of a child in the second degree?

Non-support of a child in the second degree is governed by N.Y. Penal Law § 260.05 (Non-support of a child in the second degree).

This reference is informational and is not legal advice.